356 Ill. App. 3d 863 - People v. Pendleton’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Despite the certification by postconviction counsel, we conclude that defendant did not receive the reasonable level of assistance of counsel required by the Act. In defendant’s pro se petition, he stated that ‘after the plea was entered and sentences imposed, defendant informed his [trial] counsel that he wished to withdraw his guilty plea and defendant asked counsel to file the appropriate papers.’ This assertion alone should have alerted postconviction counsel that trial counsel might have been ineffective for failing to preserve defendant’s right to a direct appeal. As discussed, Rule 605 admonishments are a necessary antecedent to the filing of such an appeal. [Citation.] We believe that a reasonable review of the guilty plea proceedings would have disclosed that the trial court’s admonishments were inadequate under Rule 605(b), a point conceded by the State on appeal. Such a review of the guilty plea proceedings is mandated by Rule 651(c) and, in any event, would be necessary to an investigation of defendant’s pro se claim of his trial counsel’s ineffectiveness. Under these circumstances, we conclude that post-conviction counsel rendered unreasonable assistance and that defendant is entitled to an opportunity to move to withdraw his guilty plea.” 356 Ill. App. 3d at 870-71 .”

   1 later decision quote this exact passage · from the majority
   e.g. 223 Ill. 2d 458 - People v. Pendleton

2. ““You have the right to appeal the sentence which I have imposed here today. You have the right to ask me to reconsider the sentence. You have the right to file a motion within 30 days and [defense counsel] can assist you in that. If you want me to reconsider the sentence, you file the motion within 30 days. If you want to appeal the sentence you have the right to have a lawyer and a transcript of everything I’ve done here. If you can’t afford those you can have those free of charge. Any claim of error that you want to raise on appeal has to be put into that written motion filed within the next 30 days or you can’t bring it up on appeal. That’s all for today.””

   1 later decision quote this exact passage · from the majority
   e.g. 223 Ill. 2d 458 - People v. Pendleton